Legal Definitions - diplomatic protection

Diplomatic protection refers to the formal action taken by a country on behalf of one of its citizens (or sometimes a company) against another country. This action is initiated when the first country believes that the second country has violated international law, causing harm to its national.

It is important to distinguish diplomatic protection from routine consular assistance. While a consulate might help a citizen arrange legal defense or facilitate business dealings abroad, diplomatic protection specifically involves a government formally asserting that another state has breached its obligations under international law, thereby harming its citizen. The goal is to hold the offending state accountable under international legal principles.

Here are some examples to illustrate diplomatic protection:

• Unlawful Detention and Mistreatment: Imagine a citizen of Country A is traveling in Country B and is arrested. They are held for several months without charge, denied access to legal counsel, and subjected to harsh interrogation methods that violate international human rights conventions, which both Country A and Country B have ratified. Country A's government could then formally intervene, sending diplomatic notes and making public statements demanding their citizen's release and proper treatment. This intervention, based on the alleged violation of international human rights law by Country B, constitutes diplomatic protection.

• Expropriation of Property Without Compensation: Consider an entrepreneur from Country C who has invested heavily in a factory in Country D. Suddenly, Country D's government nationalizes the factory without offering any compensation, citing a new domestic policy. This action directly violates a bilateral investment treaty (BIT) between Country C and Country D, which guarantees fair treatment and protection against uncompensated expropriation for investors. Country C's government would then formally engage with Country D, demanding compensation for its citizen's lost investment, asserting that Country D has breached its obligations under the BIT. This is an exercise of diplomatic protection.

• Denial of Justice in Environmental Harm: A group of citizens from Country E living near the border with Country F suffer severe health problems and property damage due to pollution from a state-owned industrial plant in Country F. Despite numerous attempts, they are unable to obtain a fair hearing or compensation through Country F's domestic legal system, which appears biased or ineffective. Country E's government could then formally raise the issue with Country F, arguing that Country F has failed to protect the human rights of Country E's citizens (such as the right to health and property) and denied them access to justice, both of which are protected under international environmental and human rights law. This intervention by Country E on behalf of its citizens is an act of diplomatic protection.